Division of property between cousin brothers and there kins
vikas
(Querist) 09 July 2013
This query is : Resolved
Dear Sir,
my grand father(laxman) and his elder brother(Ram) had a property.But it was on the name of Ram , during there life they enjoyed property equally.
Both my grand parents are not there.
Even now ONLY SON of Ram and son's of laxman enjoying there sahre equally WITHOUT any dispute.
Now property is in the name of Only son of (Ram & son's)and they are willing to give our share.Even now we are enjoying our share.
we are not having enough money to register the land.
What is the best solution
Tell the best possible solution.
Waiting for your reply.
Thanks,
Vikas
Anirudh
(Expert) 10 July 2013
You may or may not have money to get the land registered.
If need be, you have to borrow the funds needed for getting the land registered in your name - because currently your cousin brother is ready and willing to give you some share in the property.
IN ANY WAY, YOU MAY TRY THE FOLLOWING METHOD:
You both can enter into a partition deed: The partition deed has to specifically state as under - that the property in question was jointly owned and enjoyed by Late Laxman and his brother Late Ram, though for the sake of convenience the property was registered in the name of Ram.
Even after the demise of both Laxman and Ram, the property in question was being enjoyed equally by the sons of Laxman and Ram.
Now, the parties have decided to effect a partition of the property between them and therefore reduce the same into writing in this Partition Deed.
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(Now itself try to divide the property in three portions 1/4th each to you and your brother and 1/2 to Mr. Ram's son). Otherwise, again you have to effect a partition in future between you and your brother.
If you get this partition deed duly signed by all the three of you and register with the Sub-Registrar's office (the stamp duty will be very very minimum in this case), then each of you can have the property in your own name.
YOU HAVE TO NECESSARILY APPROACH A LOCAL LAWYER AND GET THE PARTITION DEED PROPERLY DRAFTED AND THEN GET IT REGISTERED WITH TWO WITNESSES, BEFORE THE SUB-REGISTRAR'S OFFICE.
Rajendra K Goyal
(Expert) 10 July 2013
Better way is the registration of the property by arranging the registration amount. Later at any stage your cousin may refuse to get the property registered if present situation continued.
